As used in this article, the following terms
shall have the meaning indicated, unless a different meaning clearly
appears from the context:
Any breed of a dog or a cat.
The Act of December 7, 1982, P.L. 784, No. 225, as amended,
3 P.S. § 459-101 et seq., and as may be amended in the future.
When applied to the proprietorship of an animal, the term
includes every person having a right of property in such animal and
every person who keeps or harbors such animal or has such animal in
his or her care, and every person who permits such animal to remain
on or about any premises occupied by the person.
Being upon any public highway, street, alley, park or any
other public land, or upon property of another person other than the
owner, and not being accompanied by or under the control of the owner
or any other person having custody of said animal. To be considered
under the control of a person, a dog must be leashed at all times
when on foot. The leash shall be of sturdy material.
[Amended 4-11-2011 by Ord. No. 599]
[Amended 9-26-2016 by Ord. No. 632]
It shall be unlawful for the owner, custodian, or keeper of
any animal to allow such animal to run at large at any time, either
upon any of the streets, alleys or public grounds in the Borough of
Denver or upon the property of anyone other than the owner, custodian,
or keeper of such animal.
Any police officer or constable may seize any
animal found at large in the Borough of Denver. Such animals are to
be impounded in a licensed kennel.
The Chief of Police shall notify the owner of
a licensed dog by registered or certified mail, with return receipt,
that the dog is impounded and will be disposed of in five days if
not claimed. Five days after the return receipt has been received,
and the dog has not been claimed, the dog may be sold or destroyed
in accordance with the Dog Law.
Unlicensed animals that are seized shall be
held in such kennel for 48 hours and if not claimed may be destroyed
in accordance with the procedure in Section 302 of the Dog Law.[1]
[1]
Editor's Note: See 3 P.S. § 459-302.
[Amended 7-29-2013 by Ord. No. 612]
The first time an animal is seized the owner
shall receive a warning and pay to the Borough any reasonable fees
for keeping the animal in a kennel as fixed pursuant to a resolution
of the Borough Council. Any person allowing an animal to run at large
for a second or subsequent offense shall, upon conviction thereof,
be sentenced to pay a fine of not more than $600 plus costs and, in
default of payment thereof, to imprisonment for a period of not more
than 30 days. Upon summary conviction, the person found guilty may
be assessed reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings in accordance with Section 3321(6)
of the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 3321, Subdivision
(a)(5).
